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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5115 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5115

 To support Tribal co-stewardship, restore and protect bison, grizzly 
          bear, and wolf populations, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2024

  Mr. Booker introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
 To support Tribal co-stewardship, restore and protect bison, grizzly 
          bear, and wolf populations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal Heritage and American Bison, 
Grizzly Bear, and Wolf Restoration and Coexistence Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the American bison, the grizzly bear, and the wolf--
                    (A) are iconic species that have important cultural 
                significance to Indigenous peoples of North America;
                    (B) play critical roles in maintaining ecosystem 
                health and resilience; and
                    (C) have been hunted to the point of eradication 
                from large parts of the historical range of those 
                species throughout most of the continental United 
                States;
            (2) the reduction or elimination of bison, grizzly bears, 
        and wolves from the historical range of those species 
        compromises the ecological integrity of ecosystems;
            (3) the people of the United States support coexistence 
        approaches to manage bison, grizzly bears, and wolves on the 
        landscape as a public trust;
            (4) many recovery efforts are restoring bison, grizzly 
        bears, and wolves to suitable habitat within the historical 
        range of those species in the continental United States, but 
        more is needed to ensure that those species regain a firm 
        foothold with long term protection against eradication efforts 
        due to intolerance and fragmentation of key habitat; and
            (5) this Act builds on the success of the Act of June 8, 
        1940 (54 Stat. 250, chapter 278; 16 U.S.C. 668 et seq.) 
        (commonly known as the ``Bald and Golden Eagle Protection 
        Act''), the Marine Mammal Protection Act of 1972 (16 U.S.C. 
        1361 et seq.), and the National Bison Legacy Act (36 U.S.C. 
        note prec. 301; Public Law 114-152) by providing essential 
        Federal protections for bison, grizzly bears, and wolves.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Best available science.--
                    (A) In general.--The term ``best available 
                science'' means scientific findings that--
                            (i) were reviewed by independent, anonymous 
                        peers and published in a journal that--
                                    (I) is indexed in Web of Science 
                                (or a successor platform); and
                                    (II) subscribes to the Committee on 
                                Publication Ethics (or a successor 
                                organization);
                            (ii) are reproducible; and
                            (iii) have not been rebutted by 2 or more 
                        independent scientific teams whose rebuttals 
                        are published in accordance with clauses (i) 
                        and (ii).
                    (B) Reproducible.--For purposes of subparagraph 
                (A)(ii), the term ``reproducible'' means that the 
                results are capable of being replicated and the data, 
                methods, and results are shared transparently in the 
                journal that published the scientific findings.
                    (C) Rebuttal.--For purposes of subparagraph 
                (A)(iii), the term ``rebuttal'' includes--
                            (i) re-analysis using more robust 
                        statistical design;
                            (ii) failed efforts at replication; and
                            (iii) demonstrations that the methods are 
                        impossible to replicate.
            (2) Bison.--The term ``bison'' means a member of the 
        species Bison bison.
            (3) Committee.--The term ``Committee'' means a committee 
        established under section 5(a).
            (4) Covered species.--The term ``covered species'', as 
        applicable, means bison, grizzly bears, and wolves.
            (5) Grizzly bear.--The term ``grizzly bear'' means a member 
        of the species Ursus arctos horribilis.
            (6) Historical range.--The term ``historical range'', with 
        respect to a covered species, means the range of a covered 
        species, as determined by the Committee using the best 
        available scientific and historical information.
            (7) Nonlethal measure.--The term ``nonlethal measure'' 
        means an activity designed to minimize attractants or scare 
        away or deter a bison, grizzly bear, or wolf without wounding, 
        restraining, or trapping the bison, grizzly bear, or wolf.
            (8) Public land.--The term ``public land'' means land 
        managed by the Bureau of Land Management.
            (9) Scientific society.--The term ``scientific society'' 
        means an organization--
                    (A) the mission of which is dedicated to 1 or more 
                sciences;
                    (B) that is explicitly nonpartisan;
                    (C) the members of which are scientists; and
                    (D) the officers and staff of which do not engage 
                in lobbying or other actions prohibited to 
                organizations described in section 501(c)(3) of the 
                Internal Revenue Code of 1986 and exempt from taxation 
                under section 501(a) of that Code.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (11) Take.--
                    (A) In general.--The term ``take'' means to harass, 
                pursue, hunt, shoot, wound, kill, trap, capture, or 
                collect, or to attempt to engage in any such conduct.
                    (B) Exclusion.--The term ``take'' does not include 
                the use of nonlethal measures to protect agricultural 
                interests or public safety.
            (12) Tribal land.--The term ``Tribal land'' means--
                    (A) land located within the boundaries of an Indian 
                reservation, pueblo, or rancheria; and
                    (B) land not located within the boundaries of an 
                Indian reservation, pueblo, or rancheria title to which 
                is held--
                            (i) in trust by the United States for 
                        benefit of a federally recognized Indian Tribe 
                        or an individual Indian;
                            (ii) by a federally recognized Indian Tribe 
                        or an individual Indian, subject to restriction 
                        against alienation under laws of the United 
                        States; or
                            (iii) by a dependent Indian community.
            (13) Wolf.--The term ``wolf'' means a member of the species 
        Canis lupus or Canis rufus, or their wild hybrids.

SEC. 4. PROTECTION OF BISON, GRIZZLY BEARS, AND WOLVES.

    (a) Prohibited Acts.--Subject to subsection (b), it is unlawful for 
any person--
            (1) to take, possess, purchase, sell, or transport a 
        covered species, or any product or part thereof;
            (2) to violate any condition of a permit issued under 
        section 6(a); or
            (3) to violate any regulation issued by the Secretary 
        pursuant to this Act.
    (b) Exceptions.--Subsection (a) shall not apply to--
            (1) captive-bred bison intended for human consumption;
            (2) a taking that is based on a good faith belief that the 
        taking is imminently necessary for self-defense or to prevent 
        serious injury or save the life of a person in immediate 
        danger, as determined by the Secretary;
            (3) taking, possessing, purchasing, selling, or 
        transporting a covered species, or any product or part thereof, 
        for the religious, cultural, and treaty reserved purposes of a 
        federally recognized Indian Tribe; or
            (4) possessing, purchasing, selling, or transporting a 
        product or part of a covered species if the product or part was 
        in existence before the date of enactment of this Act.
    (c) Civil Penalties.--
            (1) In general.--Subject to the requirements of paragraph 
        (2), any person who violates subsection (a) may be assessed a 
        civil penalty by the Secretary of not more than $25,000 for 
        each violation.
            (2) Hearing and notice.--The Secretary may not assess a 
        penalty under paragraph (1) unless the Secretary gives the 
        person notice and an opportunity for a hearing with respect to 
        the violation.
            (3) Failure to pay.--
                    (A) Civil action authorized.--
                            (i) In general.--On failure to pay a 
                        penalty assessed under paragraph (1), the 
                        Secretary may request the Attorney General to 
                        institute a civil action in a district court of 
                        the United States for any district in which the 
                        person is found, resides, or transacts business 
                        to collect the penalty.
                            (ii) Jurisdiction.--The district court of 
                        the United States in which an action is brought 
                        under clause (i) shall have jurisdiction to 
                        hear and decide the action.
                    (B) Deference to secretary.--In any action brought 
                under subparagraph (A)(i), the applicable district 
                court of the United States shall sustain the 
                determination of the Secretary to assess a penalty 
                under paragraph (1) if that determination is supported 
                by substantial evidence.
    (d) Criminal Penalties.--
            (1) In general.--
                    (A) First violation.--Any person who knowingly 
                violates subsection (a) shall be fined not more than 
                $50,000, imprisoned not more than 1 year, or both.
                    (B) Subsequent violations.--In the case of a second 
                or subsequent violation of subsection (a), a person 
                shall be fined not more than $75,000, imprisoned not 
                more than 2 years, or both.
                    (C) Separate offense.--Each violation of subsection 
                (a) is a separate offense.
            (2) Payment of fine to informants.--\1/2\ of the amount of 
        each fine assessed under subparagraph (A) or (B) of paragraph 
        (1) shall be paid to any person that gives information leading 
        to a conviction under this subsection.
            (3) Clarification.--In a prosecution under this subsection 
        for a violation of subsection (a), the Federal Government shall 
        not be required to prove that the violator knew that the animal 
        taken was a covered species.
    (e) Cancellation of Grazing Authorizations.--
            (1) In general.--Any lease, license, permit, or agreement 
        issued by the head of a Federal agency to a person authorizing 
        the grazing of domestic livestock on Federal land shall be 
        cancelled on the conviction of the person in an action brought 
        under subsection (d)(1).
            (2) No liability of united states.--The United States shall 
        not be liable for the payment of any compensation, 
        reimbursement, or damages in connection with the cancellation 
        of any lease, license, permit, or agreement under paragraph 
        (1).
    (f) Donation of Grazing Permits and Leases.--
            (1) In general.--Beginning in fiscal year 2025, the 
        Secretary, with respect to public land, and the Secretary of 
        Agriculture, with respect to National Forest System land 
        (referred to in this subsection as the ``Secretary 
        concerned''), shall accept the donation of any valid existing 
        leases or permits authorizing grazing on public land or 
        National Forest System land, as applicable, for the purpose of 
        reducing conflicts between permitted livestock and covered 
        species.
            (2) Termination.--With respect to each permit or lease 
        donated under paragraph (1), the Secretary concerned shall--
                    (A) terminate the grazing permit or lease; and
                    (B) except as provided in paragraph (3), ensure a 
                permanent end to grazing on the public land or National 
                Forest System land, as applicable, covered by the 
                permit or lease.
            (3) Common allotments.--If land covered by a permit or 
        lease donated under paragraph (1) is also covered by another 
        valid grazing permit or lease that is not donated under that 
        paragraph, the Secretary concerned shall not allow the total 
        grazing use on the land to exceed the average actual grazing 
        use under the other valid grazing permit or lease for the 5-
        year period preceding the date on which the permit or lease is 
        donated under that paragraph.

SEC. 5. ESTABLISHMENT OF BISON, GRIZZLY BEAR, AND WOLF RESTORATION AND 
              COEXISTENCE COMMITTEES.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall establish 3 committees, 1 
for each covered species, to carry out the requirements of this Act.
    (b) Membership.--Each Committee shall be composed of members, to be 
appointed by the Secretary, in accordance with the following:
            (1) Regional representation of federally recognized indian 
        tribes.--Each region of each Committee, as described in 
        subsection (c), shall include 3 members of federally recognized 
        Indian Tribes, to be nominated by those federally recognized 
        Indian Tribes, based on criteria that gives preference to 
        individuals who would represent Tribal land or a usual and 
        accustomed area where a federally recognized Indian Tribe has 
        treaty reserved rights on Federal land that is--
                    (A) inhabited by a covered species;
                    (B) located within the historical range of the 
                covered species; or
                    (C) identified in the report required under section 
                8(a)(1)(B) as suitable to support populations of the 
                covered species.
            (2) At-large members.--Each Committee shall include 8 at-
        large members, which shall be composed of 1 scientific expert 
        representative from each of the following Federal and State 
        agencies (designated by the applicable agency):
                    (A) The United States Fish and Wildlife Service.
                    (B) The National Park Service.
                    (C) The Forest Service.
                    (D) The Animal and Plant Health Inspection Service 
                of the Department of Agriculture.
                    (E) The Bureau of Land Management.
                    (F) The Bureau of Indian Affairs.
                    (G) The United States Geological Survey.
                    (H) A State wildlife agency with expertise in 
                successful coexistence and restoration efforts for the 
                covered species.
            (3) Regional nongovernmental representatives.--Each 
        Committee shall include 3 nongovernmental representatives 
        with--
                    (A) established regional scientific expertise from 
                regions that are key historic habitats of the covered 
                species; and
                    (B) expertise in wildlife restoration and 
                coexistence efforts with respect to the covered 
                species.
    (c) Establishment of Regions.--The Secretary shall establish 8 
regions within each Committee, which shall correspond to the following 
geographic regions of the United States Fish and Wildlife Service:
            (1) Pacific.
            (2) Southwest.
            (3) Midwest.
            (4) Southeast.
            (5) Northeast.
            (6) Mountain-Prairie.
            (7) Alaska.
            (8) Pacific Southwest.
    (d) Determinations To Be Made on Basis of Best Available Science 
and Methodology.--Determinations made by a Committee pursuant to this 
Act shall be solely based on the best available science and 
methodology.
    (e) No Replacement of Existing Entities.--
            (1) In general.--The establishment of a Committee shall not 
        replace any existing Federal or interagency committee, task 
        force, or study team.
            (2) Limitations.--The functions of a Committee--
                    (A) shall be limited to those provided by this Act; 
                and
                    (B) shall not replace, repeal, or subsume any 
                authority or function delegated to any other Federal or 
                interagency committee, task force, or study team.
    (f) Implementation of Depredation and Coexistence Grant Programs.--
Notwithstanding any other provision of law, each Committee shall--
            (1) review applications for assistance under the grant 
        program established under subsection (b) of section 102 of 
        America's Conservation Enhancement Act (7 U.S.C. 8355); and
            (2) make award recommendations to the Secretaries (as 
        defined in subsection (a) of that section) with respect to 
        those applications.

SEC. 6. PERMITTED TAKING OF BISON, GRIZZLY BEARS AND WOLVES.

    (a) In General.--The Secretary may issue a permit in accordance 
with this section authorizing the taking, possession, or transportation 
of a covered species, or any product or part thereof, that is otherwise 
prohibited by section 4(a).
    (b) Conditions.--The Secretary may issue a permit under subsection 
(a) only if the Secretary has--
            (1) investigated the circumstances that gave rise to the 
        permit application; and
            (2) determined that the taking, possession, or 
        transportation is an allowable taking, possession, or 
        transportation under subsection (c).
    (c) Allowable Takings, Possessions, or Transports.--Subject to 
subsection (d), for purposes of subsection (b)(2), an allowable taking, 
possession, or transportation is any of the following:
            (1) Scientific or conservation purposes.--Taking, 
        possessing, or transporting a covered species, or any product 
        or part thereof, for scientific purposes, to rehabilitate an 
        injured animal, or to enhance the propagation or survival of 
        the covered species, by a--
                    (A) public museum;
                    (B) scientific society;
                    (C) wildlife sanctuary, preserve, or rehabilitation 
                facility; or
                    (D) zoological park that is accredited by the 
                Association of Zoos and Aquariums.
            (2) Bison population control.--
                    (A) In general.--Subject to subparagraph (B), 
                taking of bison to control overpopulation in a specific 
                geographic area, as determined necessary by the 
                Secretary.
                    (B) Requirements.--Prior to making a determination 
                under subparagraph (A) with respect to a taking of a 
                bison, the Secretary shall determine, in consultation 
                with the applicable Committee, that the bison cannot be 
                relocated to support efforts under section 8 to 
                reintroduce bison on--
                            (i) Tribal land; or
                            (ii) usual and accustomed areas where 
                        federally recognized Indian Tribes have treaty 
                        reserved rights on Federal land.
            (3) Protection of agricultural interests or public 
        safety.--
                    (A) In general.--Subject to subparagraph (B), 
                taking of a grizzly bear or wolf during such time and 
                in such location as the Secretary determines to be 
                essential to protect agricultural interests or public 
                safety in the location.
                    (B) Requirements for taking.--Prior to making a 
                determination under subparagraph (A) with respect to a 
                taking--
                            (i) the Governor of the State in which the 
                        taking will occur shall request, in writing, 
                        that the Secretary make the determination;
                            (ii) the Secretary shall conclude that 
                        situationally appropriate nonlethal measures 
                        have been consistently used in the location and 
                        proven ineffective to mitigate the threat of 
                        the covered species to agricultural interests 
                        or public safety; and
                            (iii) the Secretary shall determine, in 
                        consultation with the applicable Committee, 
                        that, for any grizzly bear or wolf which poses 
                        a threat to agricultural interests, the grizzly 
                        bear or wolf cannot be relocated to support--
                                    (I) efforts under section 8 to 
                                reintroduce grizzly bears and wolves 
                                on--
                                            (aa) Tribal land; or
                                            (bb) usual and accustomed 
                                        areas where federally 
                                        recognized Indian Tribes have 
                                        treaty reserved rights on 
                                        Federal land; or
                                    (II) recovery efforts for the 
                                populations of the covered species 
                                listed as a threatened species or an 
                                endangered species under section 4 of 
                                the Endangered Species Act of 1973 (16 
                                U.S.C. 1533).
    (d) No Permits for Takings That Would Exceed Mortality Limit.--The 
Secretary may not issue a permit under subsection (a) for an allowable 
use described in subsection (c)(1) if the taking of the covered species 
would cause the total mortality for any population or subpopulation of 
the covered species to exceed the scientifically recommended limit, as 
determined by the applicable Committee.
    (e) Nonalienability.--Any person issued a permit under subsection 
(a) may not sell, transfer, assign, or otherwise alienate the authority 
granted to the person by the permit.
    (f) Conduct Requirements.--Taking, possessing, or transporting a 
covered species, or any product or part thereof, with a permit issued 
under subsection (a) shall be conducted in a manner consistent with the 
conditions of that permit.
    (g) Permits Issued Under the ESA.--A permit issued under section 
10(a) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)) for a 
covered species shall be treated as a permit issued under subsection 
(a).

SEC. 7. CONSULTATION WITH FEDERALLY RECOGNIZED INDIAN TRIBES.

    (a) Consultation Required Before Issuing Permit.--Before issuing a 
permit under section 6(a) that authorizes an activity to be carried out 
on the Tribal land of a federally recognized Indian Tribe or on usual 
and accustomed areas where federally recognized Indian Tribes have 
treaty reserved rights on Federal land, the Secretary shall consult 
with the applicable federally recognized Indian Tribe.
    (b) Consultation Required Before Taking Major Federal Action.--
Before taking any major Federal action that may negatively impact 
covered species habitat or increase covered species mortality, a 
Federal agency shall consult with--
            (1) the applicable Committee; and
            (2) any federally recognized Indian Tribe--
                    (A) the Tribal land of which may be impacted by the 
                Federal action; and
                    (B) that has usual and accustomed areas where the 
                federally recognized Indian Tribe has treaty reserved 
                rights on Federal land that may be impacted by the 
                Federal action.
    (c) Requirements.--Any consultation conducted with a federally 
recognized Indian Tribe under subsection (b)(2) shall be--
            (1) meaningful and conducted with the free, prior, and 
        informed consent or resolution of the federally recognized 
        Indian Tribe; and
            (2) carried out through cooperative management agreements 
        between the Secretary, the Secretary of Agriculture, and the 
        federally recognized Indian Tribe.

SEC. 8. RESTORATION OF BISON, GRIZZLY BEARS, OR WOLVES.

    (a) Reintroduction of Bison, Grizzly Bears, or Wolves on Tribal 
Land.--
            (1) Study; report.--
                    (A) Study.--Each Committee, in consultation with 
                each federally recognized Indian Tribe whose Tribal 
                land is located within the historical range of the 
                covered species, whose Tribal land is currently 
                inhabited by the covered species, or that has usual and 
                accustomed areas where the federally recognized Indian 
                Tribe has treaty reserved rights on Federal land, shall 
                conduct a study to identify Tribal land and usual and 
                accustomed areas where federally recognized Indian 
                Tribes have treaty reserved rights on Federal land that 
                is suitable to support covered species populations.
                    (B) Report.--Not later than 2 years after the date 
                of enactment of this Act, each Committee shall make 
                publicly available on the website of the Department of 
                the Interior a report containing the results of the 
                study conducted under subparagraph (A).
            (2) Notifications.--Not later than 30 days after the date 
        on which a report is made available under subparagraph (B) of 
        paragraph (1), the Secretary shall notify--
                    (A) each federally recognized Indian Tribe whose 
                Tribal land was identified in the study conducted under 
                subparagraph (A) of that paragraph that the federally 
                recognized Indian Tribe has land that is suitable to 
                support covered species populations;
                    (B) each federally recognized Indian Tribe with 
                treaty reserved rights on usual and accustomed areas on 
                Federal land identified in the study conducted under 
                subparagraph (A) of that paragraph that the land is 
                suitable to support covered species populations; and
                    (C) the Governor of any State in which the Tribal 
                land described in subparagraph (A) or usual and 
                accustomed areas where federally recognized Indian 
                Tribes have treaty reserved rights on Federal land 
                described in subparagraph (B) is located.
            (3) Reintroduction.--If a federally recognized Indian Tribe 
        notified under paragraph (2)(A) notifies the Secretary that the 
        federally recognized Indian Tribe requests the reintroduction 
        of a covered species on the land of the federally recognized 
        Indian Tribe, the Secretary shall coordinate with the federally 
        recognized Indian Tribe to reintroduce on that land members of 
        the species for which a take permit has been issued by the 
        Secretary pursuant to paragraph (2) or (3) of section 6(c).
            (4) Manner of reintroduction.--The reintroduction of a 
        covered species under paragraph (3) on Tribal land shall be 
        carried out by the Secretary and the relevant federally 
        recognized Indian Tribe in a manner that is consistent with--
                    (A) the scientific advice of the applicable 
                Committee;
                    (B) the traditional ecological knowledge of the 
                federally recognized Indian Tribe; and
                    (C) Secretarial Order 3403, entitled ``Joint 
                Secretarial Order on Fulfilling the Trust 
                Responsibility to Indian Tribes in the Stewardship of 
                Federal Lands and Waters'' and issued by the Secretary 
                on November 15, 2021.
            (5) Management.--The relevant federally recognized Indian 
        Tribes, in consultation with the Secretary, shall manage 
        covered species reintroduced on Tribal land under this section 
        using the best available science and consistent with the 
        cultural imperatives of those federally recognized Indian 
        Tribes, as described in the documents entitled--
                    (A) ``The Grizzly: A Treaty of Cooperation, 
                Cultural Revitalization and Restoration'' (commonly 
                known as the ``Grizzly Treaty'');
                    (B) ``The Buffalo: A Treaty of Cooperation, 
                Renewal, and Restoration'' (commonly known as the 
                ``Buffalo Treaty''); and
                    (C) ``The Wolf: A Treaty of Cultural and 
                Environmental Survival'' (commonly known as the ``Wolf 
                Treaty'').
            (6) Protection of public safety.--A grizzly bear or wolf 
        that has been identified by the Secretary as a threat to public 
        safety shall not be eligible for reintroduction under this 
        section.
    (b) Other Restoration Efforts.--Nothing in this Act affects any 
effort by the Secretary to reintroduce a covered species on land not 
described in this section.

SEC. 9. LIMITATION ON USE OF LETHAL WILDLIFE CONTROL MEASURES.

    (a) In General.--The Secretary or the Secretary of Agriculture 
shall prohibit on public land or National Forest System land, as 
applicable, the use of any lethal wildlife control measures if the 
applicable Committee determines that the use of those lethal measures 
on that land may result in the taking of a covered species.
    (b) Prohibition.--The Secretary and the Secretary of Agriculture 
shall prohibit Federal agency staff and contracted entities from using 
any lethal wildlife control measures on any land where the applicable 
Committee determines that the use of those lethal measures may result 
in the taking of a covered species.

SEC. 10. SAVINGS PROVISION.

    Nothing in this Act impedes the implementation of the Bison 
Conservation and Transfer Program of the National Park Service.
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